Florida Child Injury Lawyer Blog

Some creative and inventive attorneys and law professors have filed lawsuits against McDonald's and other businesses for allegedly causing a client to become obese and have health related problems.

These lawsuits have been filed in Chicago and other cities in the United States. The Florida legislative passed a statute that purports to prevent these kind of lawsuits in the State of Florida. Section 768.37, Florida Statutes states as follows:

768.37 Limitation on civil liability arising from long-term consumption of food and nonalcoholic beverages.--No manufacturer, distributor, or seller of foods or nonalcoholic beverages intended for human consumption shall be subject to civil liability for personal injury or wrongful death to the extent such liability is premised upon a person's weight gain or obesity, or a health condition related to weight gain or obesity, resulting from the person's long-term consumption of such foods or nonalcoholic beverages. For purposes of this section, the term "long-term" means the cumulative effect of multiple instances over a period of time and not the effect of a single or isolated instance. Such limitation on civil liability shall not bar a claim for damages if otherwise available under any other provision of law against a manufacturer, distributor, or seller of foods or nonalcoholic beverages if such manufacturer, distributor, or seller has failed to provide nutritional content information as required by any applicable state or federal statute or regulation, or has provided materially false or misleading information to the public.

Florida schools do not permit children to bring weapons into to the school. Some children bring in home prepared meals and from time to time bring knives in to cut their food - - bad idea.

An innocent thing like bringing in a kitchen utensil can get the student suspended, expelled, and yes arrested. In Ocala, Florida, a 10 year old girl faces felony charges after she brought in a kitchen knife to cut up her lunch. Teachers confiscated the knife and called the police. The student was taken to the Juvenile Detention Center. The student's unclce made this statement, "We do understand there needs to be measures taken to make sure people don't come to school with weapons in light of what has happened at schools over the past years, he said. "But she's a really good kid. She was crying her eyes out."

It appears that schools will not distinguish between a tool and a weapon. If the student used the knife, another student could have grabbed the knife and harmed someone. Do not send your child to school with a knife.

As a child, I loved recess and some of the classic games played at recess which included tag, Red Rover, King of the Mountain, and the Merry Go Round. Unfortunately, bigger and rough kids often times make these innocent games too rough to continue.

Rough play can turn the school yard into a serious personal injury zone to Florida children.

Equipment such as swings, teeter tooters, and Merry Go Rounds have been removed from some playgrounds due to safety concerns. Games like tag and Red Rover have been discontinued since smaller children have been seriously injured by bigger children. The Dallas Morning News newspaper published an interesting article on this topic which can be viewed by clicking here.

Supervision is still key to playground safety. Kids will still be kids during recess. If you do not supervise them, trouble will happen. It is far easier to remove the Merry Go Round from the playground than the troublemaker and the bully.

If you feel that there are safety issues at school or a playground, contact the school administration, the local school board like the Duval County School Board or the St. Johns County School Board, and / or a Jacksonville Florida Personal Injury Lawyer.

Robert Blake, an actor who is best known as Baretta, was sued by the family of the mother of his child. The family obtained a judgment of $30 Million which was ultimately reduced to $15 million.

That sound like a lot of money. Unfortunately for the family of Bonny Lee Bakley, Mr. Blake filed for bankruptcy. As such, it is uncertain if the family will collect anything through this lawsuit. Mr. Blake's attorney claims that the actor has not assets since Mr. Blake has not paid his own attorney fees. The Blake case illustrates that headlines and judgments can be misleading. It is nice to get such a large verdict; however, it will not do the family of Bonny Lee Bakely much good. It is important in civil cases (especially wrongful death cases) to have the advice of a lawyer who can guide you through the process. Can the judgment be collected? Is there insurance that will cover all or a portion of the judgment? These are very important issues to address at the beginning of the case to determine if it is practical to pursue such a case. The attorney representing the Bakley family may have taken the case all the way through trial for the publicity. You can read more about this interesting case at
$30 million wrongful-death judgment against Robert Blake Cut.

In Florida, a person is civilly liable for damages caused his or her dog.

In addition to civil damages, the dog owner may be prosecuted criminally for a dog bite as well. If the dog previously was declared dangerous and the dog attacks again without provocation, Florida Statutes provide that the dog owner is guilty of a misdemeanor of the first degree. Dogs should be properly fenced or leashed to prevent dog bites. You can read more about the Florida Statutes involving this crime at Section 767.13 at the Official Florida Statute / Florida Leglislature Web Site.

An 18 year old man (Bruce Roberts) was recently arrested for attempting to molest a 15 year old at the South Mandarin Jacksonville Florida Public Library. The incident took place in the men's bathroom at the library. Roberts tried to molest the teen in the bathroom. The teen pushed Roberts away and promptly told his mother. Library staff members reported the tag member for a BMW that had dropped Roberts off at the library. The Jacksonville Times Union newspaper reported that Roberts may be mentally challenged. The South Mandarin Library is located in Mandarin which is a suburban area with some commerce down San Jose Boulevard located in South Jacksonville / South Duval County Florida.

DNA testing begins for Polygamy Sect Members in Texas.

Officials are having problems sorting out family relationships within the sect. Names have been changed and sect members have not been very cooperative with the investigation. As such, Officials will attempt to use DNA testing to re-create and identify family trees. Sect members are suspected of allowing and encouraging underage marriages and sexual relationships. You can read more about the status of the case involving the Yearning for Zion Sect at DNA Tests Begin in Polygamy Case.

A girl left permanently disabled because of a negligent child abuse investigation by the State of Florida Department of Children and Families will get less than the jury verdict that awarded her $26 million.

In Florida, there is a statute that limits a recovery against the State of Florida to $100,000 unless there is a claims bill that approves a higher award. Marissa Amora, now 9, would get only $1.2 million this year under a bill that was approved by a House panel Monday. Marissa's compensation will be evaluated annually by the legislature to determine future installments. You can read more about this story atDisabled Girl Would Get $1.2 Million from the State of Florida.

There are special laws and rules for filing claims and lawsuits against the State of Florida and other governmental entities. For cases of this nature, it is helpful to have a trained and experienced Jacksonville Florida Personal Injury Attorney to help the family through the legal obstacles and challenges along the way.

A Nassau County crash landed two people in the hospital at Shands Jacksonville Hospital.

The injuries were so serious that both George H. Wright of Jacksonville and Nalini Kusek of Callahan were life flighted to Shands Jacksonville Hospital in Jacksonville Florida. Wright was driving a 1999 Dodge Pick Up truck that cross over the center line while traveling on Lem Turner Road. The Florida Highway Patrol responded to the scene and reported that alcohol may have played a role in the accident.

Accidents like these raise issues involving both criminal law (a possible DUI - Driving Under the Influence) and personal injury law. People often lose sight that vehicles are dangerous instruments (even as defined by Florida law).

Florida schools and Florida children have problems with bullying.

Even one incident of bullying can scar a child for life and cause serious personal injury to the child victim. In Texas, the legislature passed a statute that defines and sets procedures within the local school systems for dealing with bullying. Laws like these can be helpful but it is virtually impossible to deal with and reduce the incidents of bullying without parental involvement. You can read more about bullying in Texas and the laws that were passed on deal with bullying at Schools Guard Against Bullying but Parents Say More Must Be Done.

A recent news story showed the dangers of text messaging. You never know who you are texting.

Florida teens and parents alike are becoming text message addicts and demons. This apparently harmless activity can turn into trouble for teens as well as parents. In Concord New Hampshire, a student thought he was texting his friend about getting a "bag" or marijuana. In fact, the student was texting the principal who had confiscated the phone from the friend. The principal must have been fairly good at text messaging since the text message session went on for some time until the student agreed to meet the principal near the school for the drug deal. Police will use the text message as evidence for the criminal case. Whether you are using text messaging or e mails, be careful as to what you write and who you write to. Your next text message may be read by a curious parent, spouse, principal, police, or someone else that may cause you some problems. You can read more about the drug deal gone bad for the student at Principal Uses Cell Phone To Lure Drug Suspect To Arrest.

Three separate accidents in Duval County, Putnam County, and St. Johns County Florida lead to multiple deaths and serious injuries.

It was a deadly morning on the roads of Northeast Florida as five people died in three separate traffic accidents between midnight and 3:35 a.m. Friday.

In addition to the deaths, six people were hospitalized with serious injuries as a result of one of the accidents, said Lt. Bill Leeper, spokesman for the Florida Highway Patrol.

In Putnam County, 20 year old Anthony McCaskill of Palatka Florida lost control of a 2004 Cadillac. The three occupants of the vehicle (Anthony McCaskill, Debry Coring, and Lamieh Thomas) all lost their lives. None of the occupants were wearing a seat belt. The parents of all the children will be entitled to some insurance and death benefits depending on the available insurance policies and coverages.

More teens died in an automobile accident in Duval County on Interstate 295.

A Saturn driven by 31-year-old Angela Harper of Middleburg went out of control while traveling at a high rate of speed. Jesse Harper, 13, of Middleburg was ejected and died at the scene. Five occupants were taken to Shands with serious injuries. These included Angela Harper, Steven Foster, Michelle Hansen, Kallie Hansen, and Gerald Gribbs. One passenger, Kayla Thompson, 16, of Orange Park, was taken to Baptist Medical Center South. Alcohol is believed to be a factor in this accident.

Another death took place in St. Johns County Florida. A Jacksonville woman was driving south at a high rate of speed on Florida 13 near Switzerland which is located in the Northwest part of St. Johns County. The vehicle went off the road and then hit two trees.

A common thread in these three accidents were high rate of speed and loss of control. Many of the occupants were not wearing a seat belt. While wearing a seat belt is important and the law for front seat occupants, the failure to wear a seat belt is only factor in evaluating a case or claim of this nature.

For more information about these crashes, you can go to the Jacksonville Florida Times Union article at Deadly Crash on First Coast Florida Roads - 5 Dead.

Two Southwest Florida children under the page of 5 recently drowned and several other children experienced a close drowning situation. The State Florida holds the unfortunate title of number one state of drownings as compared with other states. According to the Center for Disease Control ( CDC ), drowning is the number one cause of death among Florida children aged 1 to 4 years old.

The Center for Disease Control identified swimming pools as the leading location for drownings of pre-school aged children. Fencing, alarms, swimming lessons, and most importantly close adult supervision can save lives and prevent injury to children. The following tips were reported in the Naples Florida - Naples Daily News:

• Designate an adult to supervise the children. Make sure that the adult is not engaged in any other distracting activities;

• Encourage children to swim with someone else;

• Learn CPR. It takes time for paramedics to show up;

• Inflatable toys are not substitute for a proper fitting life jacket; and

• Install a four feet fence around the pool (It's the law).

Swimming pools and oceans are places where fun takes place. Unfortunately, they are also the site of many tragedies. Parents, caregivers, and lifeguards should do everything possible to supervise their children.

A 17 year old boy ( Mark Bowman, Jr.) was critically injury when he was hit by a car while riding his bicycle late Saturday Night. Mark was riding his bicycle without a helmet or lights. The driver later told Florida Highway Patrol officers that the driver did not see Mark or 11 year old Cody Bowman who received minor injuries. Both children were treated at Halifax Medical Center.

It is expected that Florida Highway Patrol will conduct a more thorough investigation especially if there is a serious injury or death. An accident reconstruction may be helpful in determining the point of the crash, speed of the vehicle, and other factors to piece together the accident.

Florida law requires all children under 16 years old to wear a helmet. It is uncertain whether a helmet would have made any difference as to the severity of the injuries based on the limited information provided by initial news reports. You read about this incident at Teen Critical After Bike / Car Accident in Florida.

Last week, a Jacksonville, Florida 3 year old child was in critical condition following a car accident on I-95.

Channel 4 and the Florida Highway Patrol reported that the child was not properly restrained and was ejected as a result of the accident. The front and back end of the mother's car were demolished as a result of the accident. The mother rearended a van. In Florida, the driver of the rear ending vehicle is presumed to be at fault unless there are circumstances that excuse such conduct. Generally, a person should keep one car length per 10 miles per hour behind another vehicle. In busy traffic in Jacksonville, this would be difficult to accomplish; nevertheless, drivers should endeavor to keep a safe distance from the vehicle in front to give enough time and distance to come to a stop if necessary. You can read more about this story at 3 Year Old Critically Hurt in Wreck on I-95 in Jacksonville Florida.

A 4 year old child was beaten by a man after the child spilled some milk.

The Florida child suffered injuries to his leg and was taken to University Community Hospital. The suspect initially stated that the child may have fallen in the bathroom. The suspect later admitted that he kicked or stepped on the child's leg with his steel toed boots. You can read more about this story at Kid Beaten Over Spilled Milk.

In Florida, you need to take a test to get a driver's license. There is no such test to be a parent or to have a child. Parents should take notice of incidents like this. There is no reason to beat a child. Spilled milk and most of life's other problems are minor inconveniences rather than "real life" problems.

Children will make messes. Adults do at times as well. While spilled milk is not important, protecting our children is.

Bad mothers sometimes pick worse boyfriends. In York, Pa., a 2-year-old died after mom's boyfriend beat her with game controller.

The boyfriend had a history of abusing the child. On the day of the incident, the mother actually heard the boyfriend beating the child. The mother later called 911 to get assistance for her 2 year old. The mother did nothing until she realized that her daughter was unconscious. The girl was pronounced dead at the Hershey Medical Center. Both the mother and boyfriend were arrested. You can read more about this sad and tragic story at 2 Year Old Died After Being Beating with a Video Game Controller.

Many parents tend to be selfish. A violent and abusive boyfriend and girlfriend should be dumped. Find someone else. Act in the best interest of the child - not your best interest.

What is a dangerous dog under Florida law? Florida actually has a statutory definition of dangerous dog pursuant to Section 767.11, Florida Statutes:

(1) "Dangerous dog" means any dog that according to the records of the appropriate authority:

(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;

(b) Has more than once severely injured or killed a domestic animal while off the owner's property;

(c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or

(d) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.

You can read the entire statute at the Official Website for Florida Statutes.

New legislation has been proposed by Florida's Attorney General that would provide for a minimum of $150,000 in civil damages against individuals who download and distribute images of child's sexual abuse.

The Exploited Children’s Rights Act will make Florida the first state to allow victims of Florida-based child pornography to seek civil remedies against those who download images of that child’s sexual abuse. The legislation will also allow the Attorney General’s Office to pursue these cases on behalf of the victims at their request. You can read more about the bill and the reasons for its proposal at the Florida Attorney General Website.

Florida law has determined that children under the age of six are presumed to be incapable of comparative negligence. This concept that was developed under Florida case and it makes complete sense. Florida is a comparative negligence state. In other words, a jury may apportion fault between different parties and even non parties at trial. As such, a jury could split the liability and damages between different persons and entities. There is one exception to this general rule in Florida. Pursuant to Swindell v. Hellkamp, 242 So.2d 708 (Fla. 1970) and related case law, a child under the age of six years old is conclusively presumed to be incapable of committing such negligence. As such, the actions or inactions of a five year old cannot as a matter of law be considered to be negligence for purposes of liability. However, if a child is six or older, a jury can consider the actions or inactions of the six year old in determining liability for injuries to the child. Whether your child is under or over six years old, businesses, drivers, and others have a duty to act reasonably when children are present.

In response to an incident where a 5 year old Yulee Florida boy was hit and injured by a vehicle on the beach, Jacksonville Florida officials have set temporary restrictions for parking and driving at Huguenot Memorial Park beach. There were prior discussions about restricting driving and parking at this beach, which is the only beach in Duval County where cars and trucks are allowed on the beach. Advocates for beach and public access oppose such restrictions. I believe that reasonable restrictions will protect and save children from serious injuries and wrongful death from auto accident related injuries.

The incident involving the 5 year old Yulee boy is being investigated by the Florida Highway Patrol. A truck ran over the boy while he was playing in the sand. You can read more about the debate over restrictions at Jacksonville Florida Huguenot Beach Posts Shoreline Signs Following Injuries to 5 Year Old.

Under Florida law, a child under the age of 6 cannot be determined to be negligence for his or her actions. As such, the child regarding the Huguenot Park incident can not be held responsible for his actions.

Legal issues involving children can be complicated. A Jacksonville personal injury lawyer should be able to give a parent guidance on the varied issues that present themselves with a child injury matter.

Jacksonville Florida roads are filled with commercial vehicles. Unfortunately, many commercial vehicles are mammoth sized when compared to a compact car or a motorcycle. It is like a David versus Goliath type of auto accident / trucking accident. A person who operates a commercial vehicle must have a Commercial Driver's License to legally operate the commercial vehicle in the State of Florida. You can read more about Commercial Driver's Licenses and other related laws at the Florida Statute Web Site. The section that applies to Commercial Driver's Licenses is located at Section 322.53, Florida Statutes.

The parents of an 11 year old chose prayer over medical treatment and watched their daughter die. The parents claim that they did not know that their daughter had a treatable condition in the form of diabetes. Of course, if this care took place in a hospital, it would be blatant abuse and medical malpractice that would support the filing of a wrongful death case. When dealing with parents, there are other issues (legal, moral, and religious) to consider. CNN and Nancy Grace covered this story. You can watch a CNN video by going to Girl Dies, Parents Pick Prayer Over Medical.

Gas prices are up. As such, people are buying smaller and more fuel efficient cars. Good idea? yes and no. A recent Jacksonville Florida automobile accident shows the dangers of being in a car when hit by a dump truck. I drive a SUV type of vehicle. While a dump truck will still do my car and body damage, I feel safer in my SUV than a regular passenger vehicle. The dump truck accident took place at Tallulah Avenue and North Main Street in Jacksonville, Florida. The woman was listed taken to a local hospital with critical injuries. You can read more about this accident and see a photo taken at the scene by going to the Jacksonville Times Union Web Site at Jacksonville Florida Dump Truck Crash Leaves Woman Critically Injured.

Jacksonville Florida has several area hospitals including the Mayo Clinic, Baptist Medical Center, St. Vincent's Medical Center, Shands Jacksonville, Memorial Hospital, and Orange Park Medical Center. A recent dramatic blood shortage has prompted the postponement of non vital surgeries in Jacksonville Florida. Doctors are concerned about the availability of blood supply especially for organ donation surgeries. If you have not done so already, please donate to the Florida Georgia Blood Alliance, a non profit community blood bank that supplies area hospitals.

I recently visited Disney World in Orlando, Florida. It was filled with stressed out parents and excited children . . . It was also filed with hundreds of thousands of people . . . some good . . . some bad. In such crowded venues like Disney World, airports, shopping malls in Florida, there is a risk for a child to get lost, go missing, or get abducted. The best safety measure of all is to stay with your child at all times. In a matter of seconds, a child can wander off . . . Yes, these things happen. I thought it would be a good idea to take a photograph of your child before traveling, during traveling, and any time you go to a crowded venue or location. Why take a photograph? The reason is simple - the first thing that a law enforcement officer or security officer will ask you is - What was your child wearing? A simple photograph on your camera or mobile phone will be accurate and a very useful tool in searching for a missing or abducted child. I have my trusty i phone and will be following my own advice on this matter. The i phone and other advanced phones also have the ability to e mail the photo to any e mail address. As such, in a matter of seconds, a photograph of the at risk child can circulate to law enforcement, security, park officials, and mall officials.

The Florida Department of Law Enforcement launched a new automatic e mail notification system to track sexual offenders and predators.

You can go to www.floridaoffenderalert.com to sign up for this valuable service. I did it myself by registering my e mail address. I then received an e mail with a link to complete the registration process. I inputed my address and now will receive an e mail any time that a Florida registered sexual offender or predator moves within 5 miles of my home. I will certainly alert my friends and neighbors of such e mails. You can also go to the Florida Department of Law Enforcement web site to research specific sexual predators and offenders. You can even find out if a certain e mail address or instant messenger address belongs to a Florida sexual predator or offender. Prevention and safety often times avoid the need to retain the services of a Florida personal injury lawyer. You can read more about the highlights of the program at the Jacksonville Florida Times Union newspaper web site at
Florida Department of Law Enforcement Web Site Offers Alerts About Sex Offenders.

Florida children under the age of 16 are required by Florida Statutes to wear a helmet while riding a bicycle. A helmet can save a life and prevent serious bodily injury to Jacksonville Florida children in bicycle accidents.
This includes children in trailers or semi-trailers attached to a bicycle.

Section 316.2065 (d) provides as follows:

d) A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet that is properly fitted and is fastened securely upon the passenger's head by a strap, and that meets the standards of the American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets adopted by the department. As used in this subsection, the term "passenger" includes a child who is riding in a trailer or semitrailer attached to a bicycle.

A person is innocent until proven guilty; however, things do not look too bright for 29 year old art teacher, Robert Jeremey Krug, was arrested for maintaining a drug dwelling and possession of drug paraphernalia. Police found $6,000 of cash in the home.

Teachers have a tremendous influence over children especially those teachers responsible for teaching resources like art, physical education, and computers. The arrest took place after a 6 week investigation. As such, it would appear that the evidence is fairly solid against Mr. Krug.

It appears that Bartram High School will be in search of a new art teacher in light of the arrest and the future for Mr. Krug.